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Monday, February 08, 2010

AZ court suppresses evidence from search of TX polygamist ranch

I said from the get-go that the search warrant used to get on the YFZ Ranch property in Eldorado back in 2008 was overbroad, based on lies, and that evidence derived from the Great Eldorado Polygamist Roundup should be suppressed in criminal court.

Now an Arizona judge has concluded the same thing after prosecutors there tried agreed not to introduce evidence against polygamist "prophet" Warren Jeffs discovered as a result of information seized during the raid. In Arizona, at least, such evidence will be discarded as fruit of the poisonous tree. The prosecutor may not use the information "directly or indirectly, in his case-in-chief, during cross-examination of any called defense witness, as rebuttal evidence, or for any purpose whatsoever."

San Angelo District Judge Barbara Walther, who approved the original warrant, has continued to stand by it. But I suspect Texas' Third Court of Appeals - which already benchslapped her once over the raid - may agree with the interpretation from Arizona. As Jeffs' attorneys argued to the AZ court, “An investigator of the level of Barney Fife would have recognized the call as a hoax if he had spent an hour or two of proper investigation.”

59 comments:

Alex S.
said...

Grits, says it is a stipulation of the parties that the evidence is suppressed! The Judge merely signed off on the stipulation. The order also says that the Motion to Suppress Hearing that had been scheduled for later in February is now moot. So the AZ prosecutor agreed that the seizure was unlawful. Glad to see a prosecutor do something in the interest of justice--we don't see that everyday.

Alex, I'd like to believe the prosecutor did this "in the interest of justice," but IMO the stipulation probably happened because he could see the writing on the wall. The investigating Texas Ranger and Schleicher County Sheriff had been subpoenaed to testify at the AZ suppression hearing, and all those uncomfortable questions would have been asked about what happened in the days between the hoax phone calls and the raid. A lot of people aligned against the FLDS don't want that to happen.

Also, just to be clear (since I glossed over this distinction in the post): As I understand it, they didn't want to introduce evidence FROM Eldorado, they wanted to introduce things they'd found as a result of the search through further investigation based on leads they got from Texas. The prosecutor had earlier agreed not to use evidence directly from the raid, but this stipulation also includes evidence "indirectly" derived from it.

@3:36, of course. Every day. I just suspect that in this case the judge was going to rule to suppress and everybody basically knew it. They've been going after Warren Jeffs pretty hard and I think the prosecution would have pushed to admit the evidence if they thought there was a chance of getting it in.

Alex S., I apologize - upon re-reading the post I see the error you were correcting - I'd said prosecutors "tried" to introduce evidence when they stipulated it should be suppressed. I struck the erroneous portion and corrected the language.

I meant that they had tried earlier in the process, which is what had led to the motion for a suppression hearing and the negotiations that led to this "stipulation," but the original phrasing in the post mischaracterized today's pleadings.

Ah the curse of Conn! Maybe the prosecution never really needed this, Brock Belnap the Utah's Washington County District Attorney had enough without ever knowing about Texas! We forget there is a long history here! Before Matt Smith as DA, it was William Ekstrom Jr. In Utah before Belnap it was Ludlow, then Graff and Thompson before that! The FLDS were breaking laws long before Utah brought a case on Warren Jeffs.

Any way Texas gets him in the 3rd round, an a option with the Feds in round 4! But between you, me and the wall, Warren will die in prison by his own hands!

William Black was running his "meth" lab in the open in Hildale, UT under the FLDS watchful eye and yet haven't heard this discussed! Then old Louis Barlow with his 100 assault rifles purchased in the 1980's! Trial 3 and 4 have many options not yet on the table, but Warren has to live that long and who says the legal fees won't bankrupt the FLDS First.

This does NOT mean that the AG will not bring in this evidence, all he needs to do is to arrange to have one of his "Expert" witnesses such as Carolyn, Flora or Becky "Open the door" for him on cross examination by the Defense, and he'll come barging through the legal loophole he created.

Mad Bill you are still alive! What a surprise! Which one of us will outlive the other, I wonder?

Yeah, some of this might come back, especially if the defense opens the door!

Now of course you are the Johnny come lately. I was addressing this in 2000 with Utah AG Jan Grahm before Mark Shurtleff even took office. Janet Napolitano, before Terry Goddard was elected as the Arizona AG, worthless as she was!

Been there (Colorado City) and taken soil samples. The drugs turned over to the Arizona AG I have record AG dialog regarding it. The illegally moved asbestos housing units from Victorville CA that Richard Holms moved for Fred Jessop and Uncle Warren, well I was photographing the Tractor rigs as they moved down or up Interstate 15. What you know Bill is what you read in the paper or what Willie tells you!

The guns? Louis Barlow bought them from Utah Arms dealer Roger Graham, they were S.A.M. 180's American Service Rifles, they were sold as part of a survival kit. Jim Gober of BATF was the investigating officer in the 1980's. Go ahead and rattle off what you know nothing of. I suspect you are an expert at Handi-Cap parking, but not at the history of the FLDS!

The drugs? Why did William Black flee to Mexico in March of 2003? The underage thing he was deating with the "Turkey Baster Defense", but the drugs were a more cpmplicated issue. His first wife Amy was Truman Barlows daughter, you knew about Truman didn't you? Tamara Phelps his second wife. He got in trouble for taking the 2 Stubbs sisters at age 14, oops!

I hope what you stirred up in Texas gets you in jail one day.

So Bill, name names and offer some substance I can verify. Reading your vomit offers nothing but what you accessed on line from 3rd parties.

YOUR TURN! Why not tell us about Jeffs legal team? Richard Wright? The defender of that baby killer who raped and strangled an 8 year old in the Primm Casino in Nevada! Lets talk about the lawyers! Scott Berry, Max Wheeler, Ron Parker, Ron Thompson, David Nuffer, Steven Snow, Richard Wright and the latest 6!

What do you expect when you have a person who is a traffic officer (DPS Trooper) and is promoted (after an oral board) to the Texas Rangers....

That is the big secret about the Texas Rangers... Most of them were just traffic officer before becoming the "Chief Investigative Body" for the state of Texas.

I have worked in law enforcement for 7 years now and I investigated cases in TYC and I think that the only Ranger that did his job was Brian Burzynski (a former Hereford detective thank GOD). The rest of the Rangers took the governor's order as a joke....

I was clearing 30 cases a month when one Ranger (who shall remain nameless) didn't clear one case for nearly a month!

These folks are being paid as DPS Sergeants and are not perfoming the tasks that the governor issues them...

I really wish people knew the truth.

The Texas Rangers is a department which has a rich history and there are many older rangers which were just fantastic....

However today's reality is that they are glory hounds that are over funded and only open to state traffic officers (with the exception of other DPS departments). Many of them have little or no real investigative experience.

So, Grits I believe that we will see more of this type of scandal until the Texas Rangers open their doors to actual investigators throughout the state....

1. Defendant's motion to suppress evidence obtained in the search that occurred at property belong to the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) near El Dorado, Texas (YFZ Ranch) beginning on April 3, 2008, and continuing thereafter is granted.

2. The evidence obtained thereby is suppressed and the State agrees that it will not use any evidence obtained as a result of the search of the YFZ Ranch, directly or indirectly, in his case-in-chief, during cross-examination of any called defense witnesses, as rebuttal evidence, or for any purpose whatsoever."

Both sides stipulate, the Judge GRANTS the MOTION of the defense, TO SUPPRESS. This is every bit as effective as having the whole evidentiary hearing and subsequently ruling in favor of Warren Jeffs.

Well, maybe there is one or two little details that would have been fun, that would be Doran and Long under oath. Let's be real though, they weren't coming. I have been told this rather brusquely by several more friendly FLDS foes.

Faced with the prospect of fighting a losing battle with no ordinance, and outnumbered, Arizona surrendered. This is not a unilateral stipulation of the prosecution, a promise to play fair. This is a hard fought and complete victory for the FLDS. The motion is granted, the evidence is suppressed, both directly and indirectly.

Yes, Yeah, FLETC and SRCJC turn out nut cases, NOT! When the pro FLDS are dead and gone, along with the rest of us, history will of been written from truths not yet discovered.

You morons were posting a Alamo defense before Warren's writings were made public, what a shock it must of been to be faced with the TRUTH, one that Warren Jeffs the leader of the FLDS authored himself. But your mind is made up, lets not get confused by either the facts or the Truth.

History will be written and it won't be favorable, another extremist group, supported by guys like McVeigh & Nichols. Twisted into patriotism, fighting for the rights of the FLDS in the names of localism and Isolationism. Defending them, because your twisted belief might be next!

I can't speak for others, but speaking for this particular "moron," that's a red herring. I have maintained right along that the various crimes of the FLDS, are in general, supported by the evidence, Warren Jeffs included. I would exclude the charge for which he is now incarcerated, since I simply don't believe in "proxy rape" of that variety.

Pointing to the outrages you find in the seized evidence, that, well, we shouldn't know about in the first place, isn't going to impress me and never will.

I take it you recognize the "Motion to Suppress" was a valid motion, legally upheld for good reason?

The evidence was not supressed in the following.In the 221st State District Court of Montgomery Co, TX, Judge Suzanne Stovall massacred me in a 3¼ year custody case for my, now, 6½ y/o daughter.Convicted child molesters have more access to their children than I do.Calls, letters, & gifts are intercepted, & I have no visitation.The mother secreted her 2mo & 14mo babies, 1200 miles from their father, & for 15½ years, her family prevented all contact.The mother’s 18 year history/pattern of hostility, alienation, & medical mistreatment was well documented to evaluating psychologist Dr Edward G Silverman, therapist Theresa Burbank, ad litem Lynn T Coleman, the attorneys, et.al.Despite months of exams & x-rays by pediatricians & specialists, for a real & progressing condition, & prescribing increasingly invasive treatment, the mother, Edward G Silverman, Theresa Burbank, Lynn Coleman, Elaine Baggerley of CPS, & Judge Suzanne Stovall, refused to believe the diagnosis of the medical professionals & necessity for treatment.Even after receiving the medical records & speaking with the medical professionals, they persisted in their false beliefs despite the invalidating evidence, continuing to Aid & Abet Injury to a Child.A specialist repeatedly requested the mother & Lynn Coleman, attend the appointments, but they refused.Even with the mother’s sworn statements of medically abusing/neglecting our daughter & with the doctors corroborating records of her mistreatment, Judge Suzanne Stovall took my daughter from me & placed her into the mother’s sole custody.Symptoms persisted, but her condition is withheld.Since infancy, the mother has secreted our daughter to doctors, & medically mistreated her.From 2006 to 2008, the mother yo-yoed our daughter on steroids.She has neglected her dental care.The mother has a history & pattern of medically mistreating her other children with steroids, psychiatric drugs, numerous prescription & OTC medicines, & they have had significant dental issues due to her neglect.http://www.courthouseforum.com Judge Suzanne Stovall signed a Final Decree to remove me from my daughter, without a trial, without my signature, without my lawyer's signature, & without compelling the mother’s (plaintiff) discovery.Despite 3 years of Hearings, Rule 11’s, hundreds of emails/letters/conversations, Judge Suzanne Stovall refused to compel the mother’s discovery, yet granted years of continuances because her discovery was incomplete; including continuing a preferentially set trial.All knew how devastating her discovery would be & Judge Suzanne Stovall refused to compel.Judge Suzanne Stovall inconsistently ruled on motions, laws, or rules to favor the mother.My lawyers complained that she favored the mother.Judge Suzanne Stovall ignored the overwhelming certified/certifiable evidence of violence/hostility/aggression/abuse by the mother, her family, & her friends.Judge Suzanne Stovall disregarded 3+ years & 300+ exhibited provable charges of Contempt against the mother, including failure to pay child support, interfering with child custody, & worse.It required my lawyer’s written threat of a Writ of Habeas Corpus for the mother to surrender our daughter to me.I paid the jury fee, & for 3 years, pleaded in vain for a trial or in some way to present a case. Judge Suzanne Stovall punished me with over 20% plus $100, monthly child support.CISD records, depositions, sworn statements, & other Certified/Certifiable evidence revealed a home with an AGGRAVATED SEXUAL ASSAULT FELON, wrist CUTTING, daily VIOLENCE, 15y/o runaway, destruction, criminals, drug abuse (METH, COCAINE, XANAX, OXYCOTIN, etc), many police visits & a SEARCH WARRANT confiscated drug paraphernalia, probation violations, multiple sex partners, suspensions for drugs & violence, burglary, vandalism, shootings, disease, fighting, screaming, profanity, pornography (incl BEASTIALITY)

Comment on what? Judge Conn did not rule on the legality or illegality of the search, he merely agreed to a stipulation of both parties.

Happens all the time.

Smith did not need the evidence from the YFZ for his case in chief - and, considering the fact that he has stated all along that he was willing to stipulate to that, it would seem to me that this was a victory for the prosecution, not the defense.

Pic is the one that continually pressed for a hearing - yet he backed down.

Wrong blues, you leave out a critical detail. In agreeing to the stipulation mutually agreed to by both sides the Judge effectively agrees to the motion of the defense, that's what the stipulation is.

The motion of the defense is then GRANTED.

You are trying to spin this as an "agreement" to not use the evidence, and only that.

Well it is an agreement to not use the evidence in the form of a ruling of SUPPRESSION.

To quote from the Court:

"Defendant's motion to suppress evidence obtained in the search that occurred at property belong to the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) near El Dorado, Texas (YFZ Ranch) beginning on April 3, 2008, and continuing thereafter is granted."

Replayed in a courtroom this would be:

Piccarreta: "I move to suppress the evidence."

Smith: "I give up."

Conn: "Is that your final answer?"

Smith: "Yes."

Conn: "Motion Granted."

Whoever you are or whichever persons comprise you as a composite, "Blues," you are without ethics or integrity or you're just a lousy legal mind.

It's an ORDER, from the COURT and it is GRANTED. "The evidence obtained thereby is suppressed."

TBM:"..Smith did not need the evidence from the YFZ for his case in chief - and, considering the fact that he has stated all along that he was willing to stipulate to that, it would seem to me that this was a victory for the prosecution, not the defense."

I love how Blues keeps score, by a means I'm certain walther would approve!

It's odd that what he did "stipulate" took so long for the judge to order it.

There's a little surprise yet to come ole Blues might not like the result of.

Was the search "unlawful?" Was that stated in plain language, by the court? Yes, it in fact was so stated, and the state of Arizona, by stipulating to the "Motion to suppress," agreed, for it says this:

The State of Arizona now bears the burden of proving that no evidence obtained from the Texas raid is used, directly or indirectly, against Mr. Jeffs in the present proceedings.

"III Conclusion

For the foregoing reasons, the defendant, Warren Jeffs, by and through his counsel undersigned, hereby respectfully requests this Court to issue its order suppressing all evidence obtained, directly or indirectly, as a result of the unlawful searches of FLDS church property in Eldorado, Texas."

I'm looking for it at the moment, but I believe there is also a claim that the state must prove to Warren's attorney's that they are using personnel in the prosecution, that have not been tainted by YFZ evidence as well. If this is granted as well, then they're going to have a hard time mounting a prosecution.

Well, I see that the internet lawyer wantabes are now expounding on the meaning of a stipulation in an out of state court case... and what it means for other courts (which really would be nothing, nada, zilch, zero)...

Hence Hugh's short lived adventure living the polygynist lifestyle - as he didnt appreciate the first wife returning the favor with various other partners - evidently he thinks he drives on a one way street and didnt like her scoring more than him.

“Blues is still ineffectively maintaining the evidence was not FULL OUT SUPPRESSED.”

Of course he is. One only need to look to how just as the evidence was suppressed in Conns court is magically appeared in the hands of Blues and Texas FLDS and was posted the same day.

This would be a really great time for a post on how Texas handles evidence Grits. Like how it got from Texas to Wisan to Blues and Texas FLDS or how Wiasn and Blues just seem to share a lawyer named Malonis. Inquiring minds want to know.

Pharisee, of course it's not coincidental that just as Teresa tried to oust Malonis as her lawyer, her diary entries show up on the Internet and now just as Judge Conn rules to suppress the Texas evidence it shows up on the Internet.

Teresa, Wisan, Blues and Texas FLDS all have a major factor in common, Malonis. I cannot say that she is responsible because I am not in a position to know, but if I were a betting person, I think I could bet the farm on this one with the confidence that my winnings would buy me a nice condo with a great view of Central Park.

The only thing left to complete the pattern would be for her to show up here claiming her innocence. If one buys that, wanna buy the Brooklyn Bridge?

Javert, aka Blues, violated copyright law through his posting of FLDS documents online. That is, unless he can show proof that Warren Jeffs granted him the right to publish his works. How would five years in the can and $250,000 per violation sound for blues? Such a letter of the law interpretation would certainly be fair to Javert.

I find it interesting to note that commenter TxBluesMan has been outed, fired and he has pretty much admitted (albeit inadvertently) to keeping an "enemies" list and investigating them using his former standing as a "Peace Officer" (his words).

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